| Description |
1 online resource |
|
text file |
| Bibliography |
Includes bibliographical references and index. |
| Contents |
Introduction -- Courts with cases -- Apex courts -- Canadian references -- Separate functions : separate powers -- Arbitrating federalism -- Rebirth and rupture -- Interpretation and rights -- Institutions -- Actors, advice and law -- The advisory court -- Conclusion. |
| Summary |
"In Canada since 1875, courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of cases through a reference or advisory opinions. These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their "advice", and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience in other legal systems, this book considers how reference opinions draw courts into the complex relationship between law and politics. Focusing on key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon"-- Provided by publisher. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Advisory opinions -- Canada.
|
|
Advisory opinions. |
|
Canada. |
|
Judicial power -- Canada.
|
|
Judicial power. |
|
Separation of powers -- Cannada.
|
|
Constitutional & administrative law. |
|
Separation of powers. |
|
LAW / Public. |
| Genre/Form |
Electronic books.
|
| Other Form: |
Print version: Mathen, Carissima. Courts without cases Oxford : Hart, 2019 9781509922499 (DLC) 2018052890 (OCoLC)1048935641 |
| ISBN |
9781509922505 (ePub) |
|
1509922504 |
|
9781509922499 (hardback) |
|
1509922512 |
|
9781509922512 (electronic book) |
|
